B-161461, JUN. 8, 1967
Highlights
THE RECORD SHOWS THAT INCIDENT TO HIS TRANSFER THERE WAS TRANSPORTED UNDER A GOVERNMENT BILL OF LADING FROM ANCHORAGE TO DENVER 8. THE SHIPMENT WAS 1. GLADES WAS BILLED $514.59 REPRESENTING THE COST OF THE EXCESS WEIGHT TRANSPORTED. BY WHICH THE NET WEIGHT LIMITATION ON HOUSEHOLD GOODS TRANSPORTED AT GOVERNMENT EXPENSE WAS INCREASED TO 11. WERE. GLADES IS INDEBTED TO THE GOVERNMENT FOR THE COST OF THE EXCESS WEIGHT OF HOUSEHOLD GOODS TRANSPORTED INCIDENT TO HIS TRANSFER.
B-161461, JUN. 8, 1967
TO AUTHORIZED CERTIFYING OFFICER:
YOUR LETTER OF MAY 2, 1967, REFERENCE 1382 (D 733B-2), WITH ENCLOSURES, ASKS OUR OPINION CONCERNING THE PROPRIETY OF BILLING MR. KARL GLADES, AN EMPLOYEE OF THE BUREAU OF LAND MANAGEMENT, FOR THE COST INCURRED BY THE GOVERNMENT IN TRANSPORTING AN EXCESS WEIGHT OF HIS HOUSEHOLD GOODS FROM ANCHORAGE, ALASKA, TO DENVER, COLORADO, INCIDENT TO HIS TRANSFER TO THE LATTER POINT EFFECTIVE JUNE 21, 1966.
THE RECORD SHOWS THAT INCIDENT TO HIS TRANSFER THERE WAS TRANSPORTED UNDER A GOVERNMENT BILL OF LADING FROM ANCHORAGE TO DENVER 8,580 POUNDS NET OF MR. GLADES' HOUSEHOLD GOODS. THE SHIPMENT WAS 1,580 POUNDS IN EXCESS OF THE WEIGHT LIMITATION OF 7,000 POUNDS NET THEN AUTHORIZED BY THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 5724. UNDER ESTABLISHED LAW MR. GLADES WAS BILLED $514.59 REPRESENTING THE COST OF THE EXCESS WEIGHT TRANSPORTED, COMPUTED IN ACCORD WITH OUR DECISION TO YOU OF DECEMBER 12, 1966, B-160155.
MR. GLADES ASKS THAT HIS CASE BE CONSIDERED UNDER PUB.L. 89-516, APPROVED JULY 21, 1966, BY WHICH THE NET WEIGHT LIMITATION ON HOUSEHOLD GOODS TRANSPORTED AT GOVERNMENT EXPENSE WAS INCREASED TO 11,000 POUNDS NET.
SECTION 3 OF PUB.L. 89-516, APPROVED JULY 21, 1966, PROVIDES:
"REGULATIONS UNDER THIS ACT SHALL BE PRESCRIBED WITHIN NINETY DAYS FOLLOWING THE DATE OF ENACTMENT BUT SHALL BE RETROACTIVE TO SUCH DATE.'
AS POINTED OUT BY THE CHIEF, DIVISION OF ADMINISTRATION, DSC, IN HIS LETTER OF APRIL 13, 1967, TO MR. GLADES, THE REGULATIONS CONTAINED IN BUREAU OF THE BUDGET 1966, CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WERE, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, MADE EFFECTIVE JULY 21, 1966. WITH THE EXCEPTIONS MENTIONED THE NEW ALLOWANCES PROVIDED BY THE ACT, INCLUDING THE INCREASED WEIGHT LIMITATION OF 11,000 POUNDS, BECAME APPLICABLE ONLY TO THOSE EMPLOYEES REPORTING FOR DUTY AT THEIR NEW OFFICIAL STATIONS ON OR AFTER JULY 21, 1966.
THEREFORE, WE MUST CONCUR IN THE ADMINISTRATIVE CONCLUSION THAT MR. GLADES IS INDEBTED TO THE GOVERNMENT FOR THE COST OF THE EXCESS WEIGHT OF HOUSEHOLD GOODS TRANSPORTED INCIDENT TO HIS TRANSFER.